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33 U.S.C. § 701n–3 — Permanent measures to reduce emergency flood fighting needs for communities subject to repetitive flooding
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Affected community** — The term “affected community” means a legally constituted public body (as that term is used in [section 1962d–5b(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b/b&num=0&edition=prelim))—
(A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
(B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim) with respect to such flood events.
(2) **Natural feature; nature-based feature** — The terms “natural feature” and “nature-based feature” have the meanings given those terms in [section 2289a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a&num=0&edition=prelim).
**(b) Program**
(1) **In general** — The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
(2) **Considerations** — In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n–3
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Stable record: federal_law:legal_authorities:record_usc_33caf210a3ae4263ebd5fbe5
Source file: Laws/federal/codes/united-states-code/title-33/section-701n3-permanent-measures-to-reduce-emergency-flood-fighting-needs-for-communit--ae913e2e8e.md
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Passage SHA-256: b526b86bf84ef6b42ac3406c12fd6a08a3182ea02d49ae24d982429584ae7405
Source location: Title 33, Chapter 15, § 701n–3; chapter-015-flood-control.md
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**(a) Definitions** In this section:
(1) **Affected community** — The term “affected community” means a legally constituted public body (as that term is used in [section 1962d–5b(b) of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b/b&num=0&edition=prelim))—
(A) with jurisdiction over an area that has been subject to flooding in two or more events in any 10-year period; and
(B) that has received emergency flood-fighting assistance, including construction of temporary barriers by the Secretary, under [section 701n of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701n&num=0&edition=prelim) with respect to such flood events.
(2) **Natural feature; nature-based feature** — The terms “natural feature” and “nature-based feature” have the meanings given those terms in [section 2289a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a&num=0&edition=prelim).
**(b) Program**
(1) **In general** — The Secretary is authorized to carry out a program to study, design, and construct water resources development projects through measures involving, among other things, strengthening, raising, extending, realigning, or otherwise modifying existing flood control works, designing new works, and incorporating natural features, nature-based features, or nonstructural features, as appropriate to provide flood and coastal storm risk management to affected communities.
(2) **Considerations** — In carrying out paragraph (1), the Secretary shall, to the maximum extent practical, review and, where appropriate, incorporate natural features or nature-based features, or a combination of such features and nonstructural features, that avoid or reduce at least 50 percent of flood or storm damages in one or more of the alternatives included in the final alternatives evaluated.
(3) **Construction**
(A) *In general* — The Secretary may carry out a project described in paragraph (1) without further congressional authorization if—
(i) the Secretary determines that the project—
(I) is advisable to reduce the risk of flooding for an affected community; and
(II) produces benefits that are in excess of the estimated costs; and
(ii) the Federal share of the cost of the construction does not exceed $17,500,000.
(B) *Specific authorization* — If the Federal share of the cost of a project described in paragraph (1) exceeds $17,500,000, the Secretary shall submit the project recommendation to Congress for authorization prior to construction, and shall include the project recommendation in the next annual report submitted under [section 2282d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2282d&num=0&edition=prelim).
(C) *Financing*
(i) *Contributions* — If, based on a study carried out pursuant to paragraph (1), the Secretary determines that a project described in paragraph (1) will not produce benefits greater than cost, the Secretary shall allow the affected community to pay, or provide contributions equal to, an amount sufficient to make the remaining costs of design and construction of the project equal to the estimated value of the benefits of the project.
(ii) *Effect on non-Federal share* — Amounts provided by an affected community under clause (i) shall be in addition to any payments or contributions the affected community is required to provide toward the remaining costs of design and construction of the project under [section 2213 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2213&num=0&edition=prelim).
(4) **Ability to pay**
(A) *In general* — Any cost-sharing agreement for a project entered into pursuant to this section shall be subject to the ability of the affected community to pay.
(B) *Determination* — The ability of any affected community to pay shall be determined by the Secretary in accordance with procedures established by the Secretary.
(C) *Effect of reduction* — Any reduction in the non-Federal share of the cost of a project described in paragraph (1) as a result of a determination under this paragraph shall not be included in the Federal share for purposes of subparagraphs (A) and (B) of paragraph (3).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergency fund**
(1) There is authorized an emergency fund to be expended in preparation for emergency response to any natural disaster, in flood fighting and rescue operations, or in the repair or restoration of any flood control work threatened or destroyed by flood, including the strengthening, raising, extending, realigning, or other modification thereof as may be necessary in the discretion of the Chief of Engineers for the adequate functioning of the work for flood control and subject to the condition that the Chief of Engineers may include modifications to the structure or project, or in implementation of nonstructural alternatives to the repair or restoration of such flood control work if requested by the non-Federal sponsor; in the emergency protection of federally authorized hurricane or shore protection being threatened when in the discretion of the Chief of Engineers such protection is warranted to protect against imminent and substantial loss to life and property; in the repair and restoration of any federally authorized hurricane or shore protective structure or project damaged or destroyed by wind, wave, or water action of other than an ordinary nature to the pre-storm level of protection, to the design level of protection, or, notwithstanding the authorized dimensions of the structure or project, to a level sufficient to meet the authorized purpose of such structure or project, whichever provides greater protection, when, in the discretion of the Chief of Engineers, such repair and restoration is warranted for the adequate functioning of the structure or project for hurricane or shore protection, including to ensure the structure or project is functioning adequately to protect against projected changes in wave action or height or storm surge (incl
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 701n
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Federal law — U.S. Code and appendices · legal_authorities
In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2201
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Omitted**
**(b) Planning process improvements** The Chief of Engineers—
(1) shall adopt a risk analysis approach to project cost estimates for water resources projects; and
(2) not later than one year after November 8, 2007, shall—
(A) issue procedures for risk analysis for cost estimation for water resources projects; and
(B) submit to Congress a report that includes any recommended amendments to [section 2280 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2280&num=0&edition=prelim).
**(c) Benchmarks**
(1) **In general** — Not later than 12 months after November 8, 2007, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). The Chief of Engineers shall use such benchmarks as a management tool to make the feasibility study process more efficient in all districts of the Corps of Engineers.
(2) **Benchmark goals** — The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.
**(d) Calculation of benefits and costs for flood damage reduction projects** A feasibility study for a project for flood damage reduction shall include, as part of t
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2282d
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Pre-authorization planning and engineering** After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in [section 701–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701-1&num=0&edition=prelim), and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project.
**(b) Omitted**
**(c) Authorizations as additions to other authorizations** The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2289a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Construction**
(1) **Payments during construction** — The non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before June 10, 2014, shall pay, during the period of construction of the project, the following costs associated with general navigation features:
(A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus
(B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 55 feet; plus
(C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 55 feet.
(2) **Additional 10 percent payment over 30 years** — The non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period not to exceed 30 years, at an interest rate determined pursuant to [section 2216 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2216&num=0&edition=prelim). The value of lands, easements, rights-of-way, and relocations provided under paragraph (3) and the costs of relocations borne by the non-Federal interests under paragraph (4) shall be credited toward the payment required under this paragraph.
(3) **Lands, easements, and rights-of-way** — Except as provided under [section 2283(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2283/c&num=0&edition=prelim), the non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2213
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.